McNish v. Village of Peekskill

This case has been twice be* fore this court, once upon an appeal from a judgment entered in favor of the plaintiff, which resulted in a reversal of the same and the granting of a new trial. (McNish v. Village of Peekskill, 91 Hun, 324.) It was again before this court upon a motion for re-argument, which was denied. (2 App. Div. 617.) Upon a new trial being had the case was, by stipulation, submitted upon the same testimony, and at the close of the trial the court dismissed plaintiff’s complaint, upon which judgment has been entered in favor of the defendant, and an appeal from such judgment…